State v. P.M.

The state appeals the trial court’s dismissal of the delinquency petition filed against P.M. for failure to arraign the child within the speedy trial period. We reverse, because, based on our court’s recent ruling in C.D. v. State, 865 So.2d 605 (Fla. 4th DCA 2004)(en banc), the state was entitled to the ten-day recapture period within which to try the child.

On October 4, 2001, P.M. was arrested for selling one crack - cocaine rock to an undercover detective. On November 80, the state filed a petition for delinquency against the child. The ninety-day speedy trial period expired on January 2,…